Weldon v. State

Following this Court’s reversal of his conviction for sale of cocaine, possession of cocaine with intent to distribute, and obstruction or hindering of an officer in Weldon v. State , 247 Ga. App. 17 543 SE2d 56 2000, Weldon appeals the trial court’s denial of his motion for discharge and acquittal pursuant to OCGA § 17-7-170 and the Constitutions of the United States and the State of Georgia. The motion was heard and denied on November 11, 2002, prior to jury selection of the new trial required by Weldon , supra.1 Weldon , supra, was issued on November 28, 2000. The Remittitur was dated December 14, 2000, and received by the trial court on December 18, 2000.

At the hearing on Weldon’s motion for discharge and acquittal, the following facts were either stipulated or demonstrated by testimony or court records: Weldon was arrested on May 30, 1997, and indicted on September 23, 1997. On October 3, 1997, at Weldon’s arraignment, Smith, the public defender, was appointed to represent Weldon by the Recorder’s Court. On October 6, 1997, Smith filed a motion for discovery. Craft, one of the contract assistant public defenders, took over representation of Weldon during the rest of the pre-trial process and during the trial in April 1998. Craft was assisted by Investigator Klaus of the Public Defender’s Office. On October 9th, Craft requested a sentence recommendation from the district attorney and, on October 23rd, the district attorney agreed to provide him with a copy of the search warrant. On October 30, 1997, Craft filed a motion seeking the identity of the informant and to “reveal the deal.”